HomeMy WebLinkAboutPM 2007-11 - Conditions of Approval - 3/7/2008 City of
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Planning & Development Department
2600 Fresno Street *Third Floor Nick P. Yovino
Fresno, California 93721-3604 Director
(559) 621-8277 FAX (559) 498-1026
January 17, 2008
Please reply to:
Will Tackett
(559) 621-8063
EDA Design Professionals
1998 Santa Barbara Street
San Luis Obispo, California 93401
SUBJECT: NOTICE OF APPROVAL OF VESTING TENTATIVE PARCEL MAP NO. 2007-11
DATED OCTOBER 26, 2007, PROPOSING A 3-LOT COMMERCIAL PLANNED
DEVELOPMENT SUBDIVISION FOR PROPERTY LOCATED ON THE
SOUTHEAST CORNER OF THE INTERSECTION OF WEST HERNDON AND
NORTH MILBURN AVENUES.
(APN[S]: 507-030-36)
The City of Fresno Planning Division has completed its review of the subject tentative parcel map
dated October 26, 2007. Pursuant to Section 12-1205 of the Fresno Municipal Code, this letter is
written to advise you that the Conditions of Approval dated January 17, 2008, are as noted on the
attached document.
Appeal: The divider or any aggrieved person may file an appeal regarding to conditions of approval
within fifteen (15) days from the date of approval.
To protest the Director's decision regarding the conditions of approval, you must appeal by filing a
written appeal with the Director of the Planning & Development Department. Appeal must include
the appellant's interest in/or relationship to the subject property,the decision or action appealed,and
specific reasons why the appellant believes the decision or action appealed should not be upheld.
Appeals must be submitted to the Director of the Planning and Development Department prior to 5
p.m. on February 01, 2008.
EXPIRATION: The approval or conditional approval of this tentative Parcel Map expires two years
from the date of approval. The expiration shall terminate all proceedings and a final Parcel Map
may not be filed without first processing a new Tentative Parcel Map.
Modification of a Tentative Parcel Map after approval or conditional approval does not extend the
two year time limit.
EXTENSION: The divider may request an extension of the tentative map expiration date by filing a
written application together with the fee set forth in the Master Fee Schedule at the time of the
request with the Director of the Planning& Development Department at least thirty days before the
expiration date of the map. The applicant must state the reasons for requesting the extension. New
conditions may be imposed if an extension is granted.
EDA Design Professionals
Vesting Tentative Parcel Map No. 2007-11
January 17, 2008
Page 2
An extension may not exceed an aggregate of five years.
If you wish additional information, please contact the City of Fresno, Planning and Development
Department, Planning Division, 2600 Fresno Street, Fresno, California 93721-3604; phone, (559)
621-8277. Your inquiry should be directed to either Rick Sommerville(engineering or improvements
issues) or Will Tackett (planning or zoning issues).
Should you have any questions regarding the conditions you must notify either Rick Sommerville at
(559) 621-8277 or Will Tackett at(559) 621-8063 by February 01, 2008, to request a review of the
conditions. Otherwise,the stipulated conditions of approval are in effect as of that date. No further
notice will be sent.
Sincerely,
PLANNI DIVISION
Will Ta ett, Planner III
Planni and Development Department
Enclosures: Vesting Tentative Parcel Map No. 2007-11 dated October 26, 2007
Conditions of Approval dated January 17, 2008
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CITY OF FRESNO
PLANNING AND DEVELOPMENT DEPARTMENT
CONDITIONS OF APPROVAL
JANUARY 17, 2008
VESTING TENTATIVE PARCEL MAP No. 2007-11
"A PLANNED DEVELOPMENT"
Southeast corner of the intersection of West Herndon and North Milburn Avenues
NOTICE TO PROJECT APPLICANT
All tentative maps are subject to the applicable provisions of the State Subdivision Map Act,
Fresno Municipal Code (FMC), City policies, and City of Fresno Standard Specifications. The
following specific conditions are applicable to this tentative map.
In accordance with the provisions of Government Code §§66020(d)(1), the imposition of fees,
dedications, reservations or exactions for this project are subject to protest by the project
applicant at the time of approval or conditional approval of the development or within 90 days
after the date of the imposition of the fees, dedications, reservations or exactions imposed on
the development project.
Upon conditional approval of Vesting Tentative Parcel Map No. 2007-11, dated October 26,
2007, the subdivider may prepare a Final Parcel Map in accordance with the approved tentative
map. Note that a final parcel map may not be filed until the appeal period has expired. Should
an appeal be filed pursuant to Section 12-1207 of the FMC, the application will be scheduled to
be heard before the City of Fresno Planning Commission. The appellant may withdraw their
appeal pursuant to Section 12-1207.2 of the FMC.
Concurrent with the filing of a final map and when the provisions of Section 66436 of the
Subdivision Map Act apply, the subdivider is responsible to send, by certified mail, a sketch of
the proposed final map, together with a copy of SMA Section 66436(a)(3)(A), to any public entity
or public utility which has previously acquired a right-of-way easement.
LEGAL STATUS OF SITE TO BE SUBDIVIDED
1. The parcel map site was legally created as:
That portion of Lots 537, 538 and 539 of Bullard Lands Irrigated Subdivision No. 6,
according to the map thereof recorded in Book 8 Page 25 of Plats, Fresno County
Records, described as follows:
Beginning at the Northwest corner of the East 156.93 feet of said Lot 537; thence South
00044'53" West, along the West line of the East 156.93 feet of said Lot 537, a distance
of 584.43 feet; thence South 89053'55" West, a distance of 711.87 feet to a point on the
centerline of North Milburn Avenue; thence North 01'38'41" West along said centerline,
Conditions of Approval
Vesting Tentative Parcel Map No. 2007-11
January 17, 2008
Page 2
a distance of 584.01 feet to a point on the North line of said Lot 539, said point bearing
North 89052'00" East, a distance of 64.28 feet from the Northwest corner thereof; thence
North 89052'00" East along the North line of said Lots 539, 538 and 537 a distance of
736.75 feet to the point of beginning.
A.P.N.: 507-030-36
PLAN CONSISTENCY
2. The subject site is located within the jurisdiction of the Sierra Sky Park Land Use Policy
Plan, Bullard Community Plan and the 2025 Fresno General Plan. The Bullard
Community Plan and the 2025 Fresno General Plan designate the subject property for
development with community commercial planned land uses. The Sierra Sky Park Land
Use Policy Plan defers designated planned land uses to the underlying community and
general plans. However, the Sierra Sky Park Land Use Policy Plan regulates uses and
restricts the height of structures within its plan area. Pursuant to Table 2 (Planned Land
Use and Zone District Consistency Matrix) of the 2025 Fresno General Plan and applied
within all community plans the existing C-2/EA/BA-15/UGM/cz (Community Shopping
Center/Expressway Area Overlay/Boulevard Area Overlay/Urban Growth
Management/with conditions of zoning) zone district is consistent with the community
commercial planned land use for the subject property as designated by the Bullard
Community Plan and 2025 Fresno General Plan.
ZONING
3. Comply with the provisions of the State of California Government Code Sections §66410
- §66499.58 SMA and the City FMC Chapter 12, Article 10 (Subdivision of Real
Property).
4. Proposed Parcels "A" through "C" are consistent with the C-2 zone district.
CONDITIONS OF ZONING
5. The following conditions of zoning are applicable to Vesting Tentative Parcel Map No.
2007-11 as adopted per Ordinance No. 2001-78 (Bill No. B-89):
a) An Avigation Easement shall be required pursuant to the ALUC's Sierra Sky Park
Land Use Policy Plan.
b) No structure, tree or other object shall be permitted to exceed the height limits
established in accordance with Part 77, Subpart C, of the Federal Aviation
Regulations (FAR).
c) Development of schools, hospitals, nursing homes or similar uses shall be
Conditions of Approval
Vesting Tentative Parcel Map No. 2007-11
January 17, 2008
Page 3
prohibited.
d) A convenience store shall not be permitted on the subject property.
MODIFICATIONS TO PROPERTY DEVELOPMENT STANDARDS
6. Proposed parcels must be consistent with the existing C-2/EA/BA-15 (Community
Shopping Center/Expressway Area Overlay/Boulevard Area Overlay) zone district
subject to approval of a special permit for a planned development project.
a) All parcels must provide access to a public street right-of-way under a planned
development special permit.
7. Conditional Use Permit Application No. C-05-287 shall be approved prior to recordation
of the Parcel map and shall include the property lines as proposed pursuant to Vesting
Tentative Parcel Map No. 2007-11, dated October 26, 2007 thereby authorizing the
creation of the commercial planned development.
8. Whenever a subdivision, includes area under common ownership and/or use, the use,
maintenance, and operation thereof shall be administered by an owner's association
regulated by covenants, conditions, and restrictions (CC&R's).
a) Submit draft copies of Covenants, Conditions and Restrictions/Owners Association
documents (CC & R's) for review and approval. Final, executed and notarized
documents shall be recorded with the parcel map. CC & R's are intended to satisfy
and secure the enforceability of properties' obligations for retention and maintenance
of access, utilities, facilities, and improvements; and, shall, at a minimum, address
the following:
i) Cross Access for ingress/egress and emergency access to buildings
ii) Cross Drainage
iii) Shared Parking
iv) Shared solid waste facilities
v) Maintenance of sewer, water and all other utilities
vi) Maintenance of all landscaping within the limits of this map
vii) Maintenance and retention of fire suppression systems and underground water
supplies
• NOTE: Any amendment by the association to the above provisions or any
other provision specifying any right of the City shall require the prior written
consent of the City.
9. Any existing and/or proposed structure(s) on the site may be affected due to the location
of the proposed parcel lines. The placement of a parcel line in close proximity to any
existing and/or proposed structure(s) requires that the structure(s) be found in
Conditions of Approval
Vesting Tentative Parcel Map No. 2007-11
January 17, 2008
Page 4
compliance with the fire resistive standards of the Uniformed Building Code, Chapter 5.
a) Compliance with the prevailing Uniform Building Code as it relates to exterior wall
protection, allowable area, etc. (as applicable to new parcel line locations) must be
demonstrated prior to final map submittal. Contact the Planning and Development
Department, Building and Safety Services Division at (559) 621-8200.
• NOTE: In the event the structures do not comply they must be modified so
as to meet the requirement.
GENERAL CONDITIONS
10. All off-site and public improvements shall be constructed in accordance with the Public
Works Department Standards, Specifications and Policies. Engineered construction
plans and estimates for all or part of the required work shall be required prior to the
issuance of Street Work Permits unless otherwise determined by the City Engineer. The
cost for such plan preparation, review and construction inspection shall be at the
subdivider's expense.
11. Any existing utilities, including but not limited to, street lights, traffic signals, fire hydrants,
poles (power, telephone, cable, etc.), which must be relocated or removed in conjunction
with the construction of these off-site improvement requirements, shall be the
responsibility and at the expense of the subdivider.
12. Underground all existing off-site overhead utilities within the limits of this map in
accordance with the provisions of Section 12-1011, and Section 8-801 of the FMC,
Resolution No. 78-522/88-229, and the policies of the Public Works Department.
13. When street/safety lighting installations are required, street lighting plans shall be
submitted for review and approval by the Traffic Engineer prior to the issuance of
permits for the work. Services to street lighting installations shall be separated from the
electrical service(s) serving the development. The type, location and service for street
lighting installations shall be as determined by the Traffic Engineer. Street lighting
installations shall be dedicated to the City upon completion and acceptance of the
installations.
14. Sidewalks (including wheelchair ramp landings) and driveway approaches, for
undeveloped parcels of this parcel map, shall be required and constructed at the time of
site development.
a) Curb Ramps are required at all corners within the limits of this parcel map.
15. Whenever covenants or agreements are required, they shall be prepared by the city
upon receipt of the fee in accordance with the adopted Master Fee Schedule. All
covenants and agreements must be approved by the City Attorney's Office and shall be
Conditions of Approval
Vesting Tentative Parcel Map No. 2007-11
January 17, 2008
Page 5
recorded with the final parcel map.
16. Telephone, cable, and other public utilities which propose above-ground facilities (such
as cabinets) determined by the Planning and Development Director to be oversized shall
be located in an additional easement area outside of the required landscape strip.
17. All work and engineered plans for public improvements shall conform to the 2002 Edition
of the City of Fresno Standard Specifications and Drawings (City Council Resolution No.
70-36 and Resolution Nos. 84-361) and any amendments thereto, hereinafter referred to
as the Public Works Standards.
18. The subdivider shall dedicate and construct public easements to facilitate the
construction of curbs, gutters, sidewalks with street tree wells and irrigation systems
(when applicable), permanent pavement, street/safety lighting, bus bays, right turn
lanes, bike lanes, bike paths, multi-purpose trail, wheelchair ramps and public utilities in
accordance with City plans, ordinances, resolutions and policies, and the Standard
Specifications of the Public Works Department within the limits of the parcel map.
19. Existing improvements that are not to the planned alignment shall be removed and
required improvements installed to the new street alignment and grade. Existing
improvements to remain in place shall be repaired if determined to be damaged and/or
off grade by the City of Fresno Public Works Department, Construction Management
Division, (559) 621-5500. Existing driveway approaches not identified for current or
future utilization shall be removed and sidewalk (when applicable), curb and gutter shall
be installed to match existing or proposed street line and grade as determined by the
City Engineer.
20. A minimum four foot wide clear path of travel is required along the public sidewalk on all
frontages of the property as required by Title 24 of the California Administration Code as
determined by the City Engineer. An on-site pedestrian easement and construction of a
path may be required if Title 24 provisions cannot be met within the public rights-of-way.
All such public easements shall be identified and dedicated with the processing and
recordation of the Final Parcel Map and/or at the time of.Special Permit review for the
proposed development of the parcel(s).
21. All required signing and striping shall be installed and paid for by the developer/owner.
The signing and striping plans shall comply with the current Caltrans standards and shall
be submitted as a part of the street improvement plans for this tentative map to the
Public Works Department for review and approval.
22. Additional off-site improvements will be required at the time of future site plan review.
a) Comply with all of the requirements of the Conditions of Approval for Conditional Use
Permit Application No. C-05-287 dated August 30, 2006.
23. The subdivider may either construct the required off-site improvements, when required,
Conditions of Approval
Vesting Tentative Parcel Map No. 2007-11
January 17, 2008
Page 6
prior to the approval of the final parcel map; or enter into an agreement with the City of
Fresno providing for the construction of the required improvements and sufficient
security prior to the approval of the final parcel map.
SPECIFIC CONDITIONS
STREET NAMES
24. The following street names shall be corrected on the parcel map:
Street Name Status Required Change
Magill Avenue Change West Magill Avenue
North Barbigian Ave. Change North Babigian Avenue
North Katy Ave. Change North Katy Lane
STREETS AND RIGHTS-OF-WAY
25. The map is incomplete. Please provide the following information prior to perfection:
a) Identify all existing and proposed easements.
b) Identify all existing and proposed dedications. Provide a dimension from the section
and center lines to the existing and proposed property lines.
c) Identify existing curb, gutter, sidewalks (provide width), driveway approaches
(provide width), ADA ramps (provide radius), street lights (specify if wood or metal
pole), traffic signals.
d) Identify the required 4-foot minimum path of travel along the public sidewalk adjacent
to the subject property.
e) Identify median islands. Specify whether existing and to remain, proposed, or to be
modified.
MAJOR STREETS
North Milburn Avenue (120 to 123-Foot Arterial Street):
26. Dedicate a 25-foot deep by 40-foot wide Traffic Signal Maintenance Easement, behind
the street type approach depicted on the map.
27. Construct concrete sidewalk, built to a 10-foot commercial pattern, in accordance with
Public Works Standard P-5.
Conditions of Approval
Vesting Tentative Parcel Map No. 2007-11
January 17, 2008
Page 7
28. Construct an underground street lighting system (two lights) in accordance with Public
Works Standard E-1 within the limits of this map. Spacing and design shall conform to
Public Works Standard E-7 for Arterial Streets.
29. Modify existing channelization for northbound traffic along North Milburn Avenue at its
intersection with West Herndon Avenue, see Exhibit "C".
West Herndon Avenue (136-Foot Expressway):
30. Relinquish vehicular access across the entire frontage of this map.
LOCAL STREETS
West Magill Avenue (50-Foot Local Street):
31. Relinquish vehicular access across the entire frontage of this map.
TRAFFIC IMPACT STUDY
32. A Traffic Impact Study (TIS) is required. The developer/owner should consult with the
City of Fresno Traffic Engineering Section for the scope of the TIS. A trip trace for the
proposed project should be provided prior to consulting with the Traffic Engineering
Section. The TIS shall identify the mitigation measures, which would mitigate the project
and/or other related projects' significant impacts to a level of insignificance.
• NOTE: This development will generate a total of 88 a.m. / 325 p.m. peak
hour trips and generate a count of 3,713 Average Daily Trips (A.D.T.). All
projects that are projected to generate 100 or more peak hour trips (a.m. or
p.m.) shall prepare a TIS, as identified in the 2025 Fresno General Plan,
Traffic Mitigation Measure B-4, b.
a) A TIS was prepared for Conditional Use Permit Application No. C-05-287 authorizing
the development of a 75,908 square foot neighborhood shopping center on the
subject property. Comply with all of the requirements of the Conditions of Approval
of C-05-287 dated August 30, 2006 respective to the TIS.
33. Comply with all of the requirements of the Public Works Department, Traffic Engineering
Division memorandum dated December 07, 2007.
SANITARY SEWER SERVICE
Sanitary Sewer Requirements:
The nearest sanitary sewer main to serve the proposed project is an 8-inch sewer main located
in North Magill Avenue. Sanitary sewer facilities will be available to provide service to the site
Conditions of Approval
Vesting Tentative Parcel Map No. 2007-11
January 17, 2008
Page 8
subject to the following requirements:
34. Sanitary sewer connection shall not be allowed to the existing 45-inch sanitary sewer
main located in West Herndon Avenue.
35. Separate sewer house branches are required for each new lot created.
36. On-site sewer shall be private.
37. Abandon all existing on-site private sanitary septic systems.
38. Comply with all of the requirements of the Department of Public Utilities, Planning and
Engineering memorandum dated November 13, 2007.
Sanitary Sewer Fees:
39. The following Sewer Connection Charges are due and shall be paid for the project:
a) Sewer Lateral Charge
b) Oversize Sewer Charge
c) Trunk Sewer Area: Cornelia
d) Trunk Sewer Charge
e) Sewer Facility Charge
WATER SERVICE
The following conditions are required to provide water service to the development:
40. Separate water services with water meters shall be provided to each parcel.
41. Seal and abandon existing on-site well(s) in compliance with the State of California Well
Standards, Bulletin 74-90 or current revisions issued by California Department of Water
Resources and City of Fresno standards.
42. All public water facilities shall be constructed in accordance with Public Works
Department standards, specifications, and policies.
43. Comply with all of the requirements of the Department of Public Utilities, Water Division
memorandum dated November 16, 2007.
Conditions of Approval
Vesting Tentative Parcel Map No. 2007-11
January 17, 2008
Page 9
FLOOD CONTROL AND DRAINAGE
44. The subdivider shall be required to comply with the specific requirements imposed by
the Fresno Metropolitan Flood Control District (FMFCD) for the subdivision or any
amendments or modifications to those requirements, which may be granted by the
FMFCD Board of Directors, pursuant to Section 13-1307 of the Fresno Municipal Code.
These requirements are identified in the attached District's letter to the Planning and
Development Department dated December 10, 2007.
DEPARTMENT OF PUBIC WORKS-SPECIAL DISTRICTS/PROJECTS AND RIGHTS-OF-WAY
45. Comply with all of the requirements of -the Department of Public Works, Parks
Supervisor memorandum dated November 09, 2007.
DEVELOPMENT FEES AND CHARGES
This project is subject to the following development fees and charges:
FRESNO METROPOLITAN FLOOD CONTROL FEE/ RATE
DISTRICT
Metropolitan Flood Control District Fee $0.00
SEWER CONNECTION CHARGES FEE RATE
a. Lateral Sewer Charge* $0.10/sq. ft. (to 100' depth)
b. Oversize Charge* $0.05/sq. ft. (to 100' depth)
c. Trunk Sewer Charger S.T.E.P.♦
Service Area: Cornelia
d. Wastewater Facilities Charge# S.T.E.P.♦
e. House Branch Sewer Charger N/A
WATER CONNECTION CHARGES FEE RATE
f. Service Connection Charge Fee based on service(s) and
meter(s) sizes specified by owner;
fee for service(s) and Meter(s)
established by the Master Fee
Schedule.
g. Frontage Charge* $6.50/lineal foot
Conditions of Approval
Vesting Tentative Parcel Map No. 2007-11
January 17, 2008
Page 10
h. Transmission Grid Main Charge* $643/gross acre
(parcels 5 gross acres or more)
i. Transmission Grid Main Bond $243/gross acre
Debt Service Charge* (parcels 5 gross acres or more)
j. UGM Water Supply Feer $407/living unit equivalent*
Service Area: 201 S
k. Well Head Treatment Feer $0.00/living unit equivalent*
Service Area: 201
I. Recharge Feer $0.00/living unit equivalent*
Service Area: 201
m. 1994 Bond Debt Service* $0.00/living unit equivalent*
Service Area: 201
CITYWIDE DEVELOPMENT IMPACT FEE FEE RATE
n. Fire Facilities Impact Fee - Citywide$** $236/1000 sq. ft t
o. Park Facility Impact Fee - Citywide$** N/A
p. Quimby Parkland Dedication Feer** N/A
q. Citywide Locally Significant Street Charge#
Commercial Retail $12,030/adj. acre
Commercial Office $12,030/adj. acre
r. New Growth Area Major Street Fee#
Commercial Retail $24,870/adj. acre
Commercial Office $24,870/adj. acre
s. Police Facilities Impact Fee - Citywide$** $665/1000 sq. ft t
r. Traffic Signal Charge* $45.98/ADT t
Conditions of Approval
Vesting Tentative Parcel Map No. 2007-11
January 17, 2008
Page 11
Notes:
Living Unit Equivalents are calculated by multiplying the number of Net Acres by 5.8 Living
Unit Equivalents for commercial or 3.0 Living Unit Equivalents for industrial to arrive at the
total number of Living Unit Equivalents.
Fee applicable to all maps accepted for filing after August 30, 2005
♦ Upon occupancy of the project, the subdivider shall pay the appropriate sewer facility charge
pursuant to the Simple Tiered Equity Program (STEP) as determined by the Department of
Public Utilities, Wastewater Division, Environmental Services Section (559-621-5153).
* Due at time of development
* Deferrable through Fee Deferral Covenant.
Due at time of subdivision.
t Due at occupancy.
t Building areas to be calculated to the nearest square foot. Traffic Signal Fee is subject to
review and conditions of approval from Transportation Planning through the entitlement
review process based on Average Daily Trips of the proposed project.
City of
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FIRE DEPARTMENT
Date: November 15, 2007
To: WILL TACKETT,Planner II
Planning and Development Department, Advance Planning
From: RICHARD FULTZ, Senior Fire Prevention Inspector
Fire Department, Fire Prevention& Investigative Services
Subject: PM-2007-11 for approximately 7.96 net acres of property located on the southeast corner of the
intersection of West Herndon and North Milburn Avenues.
Other
Site issues will be addressed on Site Plan or CUP review.
Page 1 of 1
City of
DATE: December 7, 2007
TO: Will Tackett, Planner III
Development Department, Planning Division, Current Planning
THROUGH: Louise Gilio, Traffic Planning Supervisor
Public Works Department, Engineering Division
FROM: Gregory A. Jenness, Senior Engineering Technician
Public Works Department, Engineering Division
SUBJECT: Tentative Parcel Map 2007-11, Public Works Conditions of Approval
Location: Southeast corner of North Milburn Avenue and West Herndon Avenue
Owner: Berberian Properties, LLC
TENTATIVE PARCEL MAP REQUIREMENTS: This map is incomplete. Please provide the
following information prior to perfection:
A. General Requirements
1. Sheet Size: 24" x 36" or larger
2. Property Lines: Identify existing and proposed property lines.
3. Easements: Identify all existing and proposed easements.
B. Offsite Information:
1. Dedications: Identify all existing and proposed dedications. Provide a dimension from the
section and center lines to the existing and proposed property lines.
2. Street Improvements: Identify existing curb, gutter, sidewalks (provide width), driveway
approaches (provide width), ADA ramps (provide radius), street lights (specify if wood or metal
pole), traffic signals.
3. ADA: Identify the required 4' minimum path of travel along the public sidewalk adjacent to
property.
4. Median Islands: Identify and specify if existing to remain, proposed or to be modified.
C. Onsite Information:
Gf1 1. Buildings: Identify and label all buildings as "existing" or "to be removed". Identify ingress and
egress.
STREET IMPROVEMENT REQUIREMENTS
The Public Works Department, Traffic Planning Section, has completed its review and the following
requirements are to be placed on this tentative map as a condition of approval by the Public Works
Department.
Construct or install the required improvements, or contact Gary Witzel at (559) 621-8725 to enter
into a bonded secured agreement for these improvements. This must be executed prior to
perfection of this parcel map.
Page 1 of 3
T:\TRAFFIC ENGINEERING\Traffic Planning\Parcel Maps\CONDITIONS OF APPROVAL FOR PARCEL MAPS\TentPM200711 Milburn&
Herndon.doc
General Conditions
• Repair or replace all existing damaged and/or off-grade offsite concrete improvements as
determined by the City of Fresno Public Works Department, Construction Management Division,
(559) 621-5500.
• Submittal of engineered construction plans to the Planning and Development Department for
approval must be made rior to the final map.
• All required signing and striping shall be installed and paid for by the developer/ owner. The
signing and striping plans shall comply with the current Caltrans standards and be submitted as
a part of the street improvement plans.
• Additional offsite improvements will be required at the time of future site plan review.
• Curb ramps are required at all corners within the limits of this parcel map.
• Underground all existing offsite overhead utilities with the limits of this map in accordance with
Fresno Municipal Code Section 12-1011 and Resolution No. 78-522/88-229.
• Comply with all conditions of C-05-287.
Major Streets: _
North Milburn Avenue: (120'-123') Arterial
1. Dedicate 25' deep by 40' wide Traffic Signal Maintenance Easement, behind street type approach,
as shown on Map.
2. Construct concrete sidewalk, built to a 10' commercial pattern, in accordance with Public Works
Standard P-5.
3. Construct an underground street lighting system (2 lights) in accordance with Public Works
Standard E-1 within the limits of this map. Spacing and design shall conform to Public Works
Standard E-7 for Arterial Streets.
4. Modify existing channelization for northbound Milburn Avenue at Herndon Avenue, see Exhibit "C".
West Herndon Avenue: (136') Expressway
1. Relinquish vehicular access across the entire frontage of this Map.
West Magill Avenue: (50') Local
1- Relinquish vehicular access across the entire frontage of this Map.
Traffic Impact Study
This development will generate a total of 88 a.m. / 325 p.m. peak hour trips and generate a count of
3,713 Average Daily Trips (A.D.T.), based upon the following:
Land Use Size Average Daily Trips ADT AM Pk Hour PM Pk Hour
Parcel A - retail 25% = 53,143sf. 2,282 54 200
Parcel B - retail 25% = 17,315sf. 744 18 65
Parcel C - retail 25% = 16,008sf. 687 16 60
Page 2of3
T:\TRAFFIC ENGINEERING\Traffic Planning\Parcel Maps\CONDITIONS OF APPROVAL FOR PARCEL MAPS\TentPM200711 Milburn&
Herndon.doc
A Traffic Impact Study is required. The Developer/Owner should consult with the City of Fresno Traffic
Engineering Section for the scope of the Traffic Impact Study (TIS). A trip trace for the proposed
project should be provided prior to consulting with the Traffic Engineering Section. The TIS shall
identify the mi'tiga'tion measures, which would mitigate the project and/or other related projects'
significant impacts to a level of insignificance.
Note: All projects that are projected to generate 100 or more peak hour trips (AM or PM) shall prepare
a Traffic Impact Study, as identified in the 2025 Fresno General Plan, Traffic Mitigation Measure B-4, b.
Page 3 of 3
T:\TRAFFIC ENGINEERING\Traffic Planning\Parcel Maps\CONDITIONS OF APPROVAL FOR PARCEL MAPS\TentPM200711 Milburn&
Herndon.doc
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City Of
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DEPARTMENT OF PUBLIC UTILITIES
Date: November 13, 2007
To: WILL TACKETT, Planner III
Planning and Development Department
From: ROBERT A. DI .Z, Senior Engineering Technician
Department of Public Utilities, Planning and Engineering
Subject: SANITARY SEWER REQUIREMENTS FOR PM-2007-11
General
PM-2007-11 proposes approximately a 7.96 acres of property located on the southeast corner of the
intersection of West Herndon and North Milburn Avenues.
Environmental Recommendations
A NEGATIVE DECLARATION MAY BE ISSUED: The project may have adverse impacts but impacts
can be mitigated without further study or are not serious enough to warrant an Environment Impact
Report.
Sanitary Sewer Requirements
The nearest sanitary sewer main to serve the proposed project is an 8-inch sewer main located in North
Magill Avenue.,
Sanitary sewer facilities will be available to provide service to the site subject to the following
requirements:
1. Sanitary sewer connection shall not be allowed to the existing 45-inch sanitary sewer main located
in West Herndon Avenue.
2. Separate sewer house branches are required for each lot.
3. On-site sewer shall be private.
4. Abandon all existing on-site private sanitary septic systems.
Sanitary Sewer Fees
The following Sewer Connection Charges are due and shall be paid for the Project:
1. Sewer Lateral Charge
2. Oversize Sewer Charge
3. Trunk Sewer Area: Cornelia
4. Trunk Sewer Charge
5. Sewer Facility Charge
City of
lenle
`WIMP,�i FIRAO
DEPARTMENT OF PUBLIC UTILITIES
Date: November 19, 2007
To: WILL TACKETT, Planner II
Planning and Development Department, Advance Planning
From: CHRIS WEIBERT, Management Analyst II
Public Utilities Department, Administration
Subject: PM-2007-11 for approximately 7.96 net acres of property located on the southeast corner of the
intersection of West Herndon and North Milburn Avenues.
Does Project Affect Your Agency/Jurisdiction
No - Project does not directly affect Solid Waste Division
Recommended Conditions of Approval
None.
Page J of 1
City of
WA TER DIVISION
Date: November 16, 2007
To: DOUG HECKER, Supervising Engineering Technician
Department of Public Utilities, Administration
Through: NEIL MONTGOMERY, Chief Engineering Technician 40-f__
Department of Public Utilities, Water Division
From: MICHAEL CARBAJAL, Supervising Engineering Technician VP
Department of Public Utilities, Water Division
Subject: WATER REQUIREMENTS FOR TENTATIVE PARCEL MAP NO. 2007-11
The following conditions are required to provide water service to the development.-
1. Separate water services with meters shall be provided to each parcel_
2. Seal and abandon existing on-site well(s) in compliance with the State of California Well
Standards, Bulletin 74-90 or current revisions issued by California Department of Water
Resources and City of Fresno standards.
3. All public water facilities shall be constructed in accordance with Public Works
Department standards, specifications, and policies.
TAPROJM\MEC\Conditions of ApprovaRPM 2007-11 111607.doc
FALSE
FRESNO METROPOLITAN FLOOD CONTROL DISTRICT
NOTICE OF REQUIREMENTS
PUBLIC AGENCY DEVELOPER
Eq
Mr. Gil Haro, Planning Manager Berberlan Properties, LLC Eq
Planning& Development Department 515 Lyell Dr. Suite 101
City of Fresno Modesto, CA. 95356
2600 Fresno Street -
Fresno, CA 93721
PROJECT NO. 2007-011 PRELIMINARY FEE(S) (See below)
DRAINAGE AREA " EG - DRAINAGE AREA " EG $0.00
DATE /0=1,9 ,2 DRAINAGE AREA 17 - -
APN 507-030-036 TOTAL FEE $0.00
ADDRESS 6780 North Milburn Ave.
The proposed development will generate storm runoff which produces potentially significant
environmental impacts,and which must be properly discharged and mitigated pursuant to the
California Environmental Quality Act and the National Environmental Policy Act. The District O
in cooperation with the City and County has developed and adopted the Storm Drainage and
Flood Control Master Plan. Compliance with and implementation of this Master Plan by this
development project will satisfy the drainage related CEQA/NEPA impact of the project
mitigation requirements.
The proposed development shall pay drainage fees pursuant to the Drainage Fee Ordinance prior O
to issuance of a building permit at the rates in effect at the time of such issuance. The fee
indicated above is valid through February 29, 20 08 based on the site plan submitted to O
the District on 11/08/07 Contact FMFCD for a revised fee in cases where changes are
made in the proposed site plan which materially alter the proposed impervious area. w4
1
Considerations which may affect the fee obligation(s) or the timing or form of fee payment: 0
a) Fees related to undeveloped or phased portions of the project may be deferrable.
b) Fees may be calculated based on the actual percentage of runoff if different than that
typical for the zone district under which the development is being undertaken and if
permanent provisions are made to assure that the site remains in that configuration.
c) Master Plan storm drainage facilities may be constructed, or required to be constructed
in lieu of paying fees.
d) The actual cost incurred in constructing Master Plan drainage system facilities is
credited against the drainage fee obligation.
2007.011 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document
FRESNO 1. fROPOLITAN FLOOD CONTROL . .STRICT
NOTICE OF REQUIREMENTS
Page 2 of 4
e) When the actual costs incurred in constructing Master Plan facilities exceeds the
drainage fee obligation, reimbursement will be made for the excess costs from future
fees collected by the District from other development.
Approval of this development shall be conditioned upon compliance with these District
Requirements.
1. X a. Drainage from the site shall be directed to Milburn and Herndon Aves.
b. Grading and drainage patterns shall be as identified on Exhibit No. 1 // 2
C. The grading and drainage patterns shown on the site plan conform to the
adopted Storm Drainage and Flood Control Master Plan.
2. The proposed development shall construct and/or dedicate Storm Drainage and Flood Control
Master Plan facilities located within the development or necessitated by any off-site
improvements required by the approving agency:
Developer shall construct facilities as shown on Exhibit No. 1 as "Master Plan Facilities
to be constructed by Developer".
X None required.
3. The following final improvement plans shall be submitted to the District for review prior to final
development approval:
Grading Plan Storm Drain Plan Final Map
Street Plan Water& Sewer Plan Other
4. Availability of drainage facilities:
X a. Permanent drainage service is available provided the developer can verify to the
satisfaction of the City of Fresno that runoff can be safely conveyed to the
Master Plan inlet(s).
b. The construction of facilities required by Paragraph No. 2 hereof will provide
permanent drainage service.
C. Permanent drainage service will not be available. The District recommends
temporary facilities until permanent service is available.
Temporary service is available through
d. See Exhibit No. 2.
5. The proposed development:
Appears to be located within a 100 year flood prone area as designated on the latest
Flood Insurance Rate Maps available to the District, necessitating appropriate floodplain
management action. (See attached Floodplain Policy.)
2007-011 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document
FRESNO ME.ROPOLITAN FLOOD CONTROL DIa fRICT
NOTICE OF REQUIREMENTS
Page 3 of 4
Appears to be located within a 500 year flood prone area as designated on the latest
Flood Insurance Rate Maps available to the District.
X Does not appear to be located within a flood prone area.
6. The subject site contains a portion of a canal or pipeline that is used to manage recharge,
storm water, and/or flood flows. The existing capacity must be preserved as part of site
development. Additionally, site development may not interfere with the ability to operate
and maintain the canal or pipeline.
7. The Federal Clean Water Act and the State General Permits for Storm Water Discharges
Associated with Construction and Industrial Activities (State General Permits) require developers
of construction projects disturbing one or more acres, and discharges associated with industrial
activity not otherwise exempt from National Pollutant Discharge Elimination System (NPDES)
permitting, to implement controls to reduce pollutants, prohibit the discharge of waters other than
storm water to the municipal storm drain system, and meet water quality standards. These Z
requirements apply both to pollutants generated during construction, and to those which may be
generated by operations at the development after construction.
■
a.
State General Permit for Storm Water Discharges Associated with Construction Activities,
approved August 1999, (modified December 2002.) A State General Construction Permit
is required for all clearing, grading, and disturbances to the ground that result in soil O
disturbance of at least one acre (or less than one acre if part of a larger common plan of O
development or sale). Permittees are required to: submit a Notice of Intent to be covered
and must pay a permit fee to the State Water Resources Control Board (State Board),
develop and implement a storm water pollution prevention plan, eliminate non-storm water
discharges, conduct routine site inspections, train employees in permit compliance, and
complete an annual certification of compliance. a
b. State General Permit for Storm Water Discharges Associated with Industrial Activities,
April, 1997 (available at the District Office.) A State General Industrial Permit is
required for specific types of industries described in the NPDES regulations or by
Standard Industrial Classification(SIC) code. The following categories of industries are
generally required to secure an industrial permit: manufacturing; trucking; recycling; and
waste and hazardous waste management. Specific exemptions exist for manufacturing
activities which occur entirely indoors. Permittees are required to: submit a Notice of
Intent to be covered and must pay a permit fee to the State Water Resources Control
Board, develop and implement a storm water pollution prevention plan, eliminate non-
storm water discharges, conduct routine site inspections, train employees in permit
compliance, sample storm water runoff and test it for pollutant indicators, and annually
submit a report to the State Board.
aoo,-0 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document
FRESNO ML ROPOLITAN FLOOD CONTROL Di„fRICT
NOTICE OF REQUIREMENTS
Page 4 of 4
C. The proposed development is encouraged to select and implement storm water quality
controls recommended in the Fresno-Clovis Storm Water Quality Management
Construction and Post-Construction Guidelines (available at the District Office) to meet
the requirements of the State General Permits, eliminate the potential for non-storm
water to enter the municipal storm drain system, and where possible minimize contact
with materials which may contaminate storm water runoff.
8. A requirement of the District may be appealed by filing.a written notice of appeal with the
Secretary of the District within ten days of the date of this Notice of Requirements.
9. The District reserves the right to modify, reduce or add to these requirements, or revise fees, as
necessary to accommodate changes made in the proposed development by the developer or
requirements made by other agencies.
10. X See Exhibit No. 2 for additional comments, recommendations and requirements.
Gerald E. Lake n, Proje t ngineer: Mitzi M. Molina
District Engineer
C: EDA Design Professionals
1998 Santa Barbara St. Suite 200
San Luis Obispo, CA. 93401
,007.011 5469 E.OLIVE - FRESNO,CA 93727 - (559)456-3292 - FAX(559)456-3194 Two sided document
OTHER REQUIREMENTS
EXHIBIT NO. 2
There is an existing fifteen-foot(l 5') wide storm drain easement along the south property line of
TPM 2007-011, as identified on the proposed tentative parcel map provided by the developer.
No encroachments into the easement shall be permitted including, but not limited to,
foundations, roof overhangs, and trees.
The following paragraphs only apply towards development of the individual parcels and are not
conditions for the recording of the map.
In an effort to improve storm runoff quality, outdoor storage areas shall be
constructed and maintained such that material that may generate contaminants
will be prevented from contact with rainfall and runoff and thereby prevent the
conveyance of contaminants in runoff into the storm drain system.
The District encourages, but does not require that roof drains from non-
residential development be constructed such that they are directed onto and
through a landscaped grassy swale area to filter out pollutants from roof runoff.
Runoff from areas where industrial activities,product,or merchandise come into
contact with and may contaminate storm water must be directed through
landscaped areas or otherwise treated before discharging it off-site or into a storm
drain. Roofs covering such areas are recommended. Cleaning of such areas by
sweeping instead of washing is to be required unless such wash water can be
directed to the sanitary sewer system. Storm drains receiving untreated runoff
from such areas that directly connect to the District's system will not be
permitted. Loading docks, depressed areas, and areas servicing or fueling
vehicles are specifically subject to these requirements. The District's policy
governing said industrial site NPDES program requirements are available.
Contract the District's Environmental Department for further information
regarding these policies related to industrial site requirements.
Development No. TPM 2007-011
K APerm its\Ex h ibit2\City-tpm\2007\2007-01 1.doc(m m m)
DEPARTMENT 06 .JUBLIC WORKS'
TO: Will Tackett, Planner III
Planning Division
FROM: Hilary Kimber, Parks Supervisor II(559.621.8794)
Public Works, Engineering Division
DATE: November 9,2007
SUBJECT: Vesting Tentative Parcel Map 2007-11
The Department of Public Works offers the following comments regarding TPM 2007-11.
One street tree is required to be planted at the minimum of every 60' of street frontage which translates in
to eleven (11) trees on West Herndon Avenue and nine (9) trees on North Milburn Avenue for a total of
twenty (20) street trees.
The designated street tree for West Herndon Avenue is Platanus acerifolia `Columbia' (Columbia
Sycamore) and the designated street tree for North Milburn Avenue is Quercus virginiana(Virginians
Oak).
Strec- . Name Review
TPM-2007-11 11-20-07
Street Name Status Required Change
West Herndon Avenue Good
Magill Avenue Chane West Ma ill Avenue
North Milburn Avenue Good
North Barbi ian Ave. Chane North Babi ian Avenue
North Katy Ave. Chane North Katy Lane
Private Road Delete
North Blythe Avenue Good
TENTATIVE PARCEL MAP NO. 2007-11
GOVERNMENT CODE§66020(d)(1)
A protest filed pursuant to subdivision(a)shall be filed at the time of approval or conditional approval of
the development or within 90 days after the date of the imposition of the fees, dedications, reservations,
or other exactions to be imposed on a development project. Each local agency shall provide to the
project applicant a notice in writing at the time of the approval of the project or at the time of the
imposition of the fees, dedications, reservations, or other exactions, a statement of the amount of the fees
or a description of the dedications, reservations, or other exactions, and notification that the 90-day
approval period in which the applicant may protest has begun.
Improvements and payments shall not be required on or in front of any undeveloped portion of a net
acreage of ten acres or more which exists after the division of land. All improvements and payments to
be completed with development.
SEWER CONNECTION CHARGES FEE RATE
b. Lateral Sewer Charge* $0.10/sq. ft. (to 100' depth)
c. Oversize Charge* $0.05/sq. ft. (to 100' depth)
d. Trunk Sewer Chargee S.T.E.P.
Service Area: Cornelia
e. Wastewater Facilities Charge* S.T.E.P.♦
f. House Branch Sewer Chargee N/A
WATER CONNECTION CHARGES FEE RATE
g. Service Connection Charge Fee based on service(s) and
meter(s) sizes specified by owner;
fee for service(s) and Meter(s)
established by the Master Fee
Schedule.
h. Frontage Charge* $6.50/lineal foot
i. Transmission Grid Main Charge* $643/gross acre (parcels 5 gross
acres or more)
j. Transmission Grid Main Bond Debt Service Charge* $243/gross acre (parcels 5 gross
acres or more)
k. UGM Water Supply Feev $407/living unit equivalent`
Service Area: 201s
I. Well Head Treatment Feev $0/living unit equivalent*
Service Area: 201
m. Recharge Feev $0/living unit equivalent*
Service Area: 201
n. 1994 Bond Debt Service-6 $0/living unit equivalent*
Service Area: 201
CITYWIDE DEVELOPMENT IMPACT FEES FEE RATE
o. Fire Facilities Impact Fee - Citywide$** $236/1000sq.ft t
p. Park Facility Impact Fee - Citywide$`* N/A
q. Quimby Parkland Dedication Feelv** N/A
r. Citywide Locally Significant Street Charge.
Commercial Retail $12,030/adj. acre
Commercial Office $12,030/adj. acre
s. New Growth Area Major Street Fees.
Commercial Retail $24,870/adj. acre
Commercial Office $24,870/adj. acre
t. Police Facilities Impact Fee - Citywide♦ $665/1000sq.ft t
u. Traffic Signal Charge* $45.98/ADT t
Notes:
' Living Unit Equivalents are calculated by multiplying the number of Net Acres by 5.8 Living Unit Equivalents for commercial or 3.0
Living Unit Equivalents for industrial to arrive at the total number of Living Unit Equivalents.
"Fee applicable to all maps accepted for filing after August 30,2005
♦ Upon occupancy of the project, the subdivider shall pay the appropriate sewer facility charge pursuant to the Simple Tiered
Equity Program (STEP) as determined by the Department of Public Utilities, Wastewater Division, Environmental Services Section
(559-621-5153).
4 Due at Building Permit.
A► Deferrable through Fee Deferral Covenant.
T Due at time of Final Map.
$ Due at Certificate of Occupancy.
t Building areas to be calculated to the nearest square foot. Traffic Signal Fee is subject to review and conditions of approval from
Transportation Planning through the entitlement review process based on Average Daily Trips of the proposed project.
CITY OF FRESNO E200710000709
CATEGORICAL EXEMPTION
ENVIRONMENTAL ASSESSMENT NO. TPM-2007-11
THE PROJECT DESCRIBED HEREIN IS DETERMINED TO BE CATEGORICALLY
EXEMPT FROM THE PREPARATION OF ENVIRONMENTAL DOCUMENTS
PURSUANT TO ARTICLE 19 OF THE STATE CEQA GUIDELINES.
APPLICANT: Berberian Properties, LLC.
515 Lyell Drive, Suite 101
Modesto, CA 95356
PROJECT LOCATION: Southeast corner of the intersection of West Herndon and North Milburn
Avenues
(APN: 507-030-36)
PROJECT DESCRIPTION: Vesting Tentative Parcel Map No. 2007-11 request authorization to
subdivide approximately 7.94 acres of C-2/EA/BA-15/UGM/cz(Community
Shopping Center District/ExpresswayArea Overlay/Doulevard Area/Urben
Growth Managemendwith conditions of zoning) zoned property for the
purposes of a three-lot commercial planned development. The proposed
subdivision is consistent with the Community Commercial planned land use
designation of the 2025 Fresno General Plan, Bullard Community Plan and
the Sierra Sky Park Land Use Policy Specific Plan.
This project Is exempt under Sections 15315 (Class 15/Minor Land Divisions) of the California
Environmental Quality Act (CEQA)Guidelines.
EXPLANATION: Section 15315 (Class 15/Minor Land Divisions), exempts from the
provisions of CEQA the division of property in urbanized areas zoned for
residential, commercial,or industrial use Into four or fewer parcels when the
division Is in conformance with the General Plan and zoning, no variances
or exceptions are required,all services and access to the proposed parcels
to local standards are available, the parcel was not involved in a division of
a larger parcel within the previous two years, and the parcel does not have
an average slope greater than 20 percent.
Date: December 18, 2007
LPrepared By: Will Tackett, Planner III
D Submitted by: 7��Itle4 e_ a
DEC 18 2007 Darrell Unruh
SNO COUNTY CLERK Planning Manager
City of Fresno
'y Planning and Development Department
(559) 621-8277
E200710000709